The speed, confidentiality and expertise offered by arbitration, alongside validity requirements and challenges to awards.
The arbitration agreement
An arbitration agreement may be a clause in the original contract or a separate submission agreement concluded after a dispute arises. It must be in writing and signed by a person authorised to dispose of the disputed right.
Benefits and limits
Arbitration can offer relative speed, confidentiality and specialist decision-makers, although it may be more costly. Matters that cannot legally be settled, including criminal and public-order issues, are not arbitrable.
Enforcing the award
The competent court confirms an award before it acquires executory force. Annulment is limited to defined grounds such as the absence of a valid agreement, excess of jurisdiction or denial of the right to present a defence.
This article is for general information only and does not constitute legal advice for any specific matter.
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